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Riding fast can be fun, but the fun can end fast if your bike hits someone

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This sign near where the Springwater Corridor passes under the Hawthorne Bridge makes it clear that cyclists need to take care. But not all of us seem to take note.
(Photo by John Killen/The Oregonian)

English common law doesn't, at first glance, seem to have much to do with rules governing cyclists and pedestrians sharing popular mixed-use paths around Portland.

Oh, but it does, especially for that maniac on a fast, flashy road bike who doesn't want to let anything -- kids on trikes, dogs on leashes, seniors out for a stroll -- get in the way of his 20 mph ride of terror.

Oddly, there are no legal rules pertaining to speed limits or rights-of-way on the densest mixed-use paths in the area, including the East Bank Esplanade and the Springwater Trail.

They aren't classified as sidewalks, so those regulations requiring cyclists to provide pedestrians with verbal warnings while passing don't apply.

But leave it to the kings of queens of England to have the final say if hell-bent-for-leather cyclists, draped across their new carbon-fiber aerobars, mow down a family on the Esplanade.

"Where there are no statutory laws that apply, what does apply is English common law," said Ray Thomas, a Portland bicycle lawyer. "It comes down to a standard of reasonable care. In other words, is it reasonable to ride at top speed through a crowd of perambulators or jog-strollers? The answer, of course, is no, it's not."

So as the weather gets better and increasing numbers of users take to the trails, it's more than likely that cyclists will be the ones held responsible for any injuries, loss of wages or related pain and suffering when inevitable collisions occur.

This isn't to say that people walking unleashed dogs that dart in front of speeding cyclists won't face at least some sanctions if crashes end up as lawsuits before juries, Thomas said. The same applies to tricycle-riding tykes who veer into the path of a rider overtaking a family out for a stroll.

"At trial, a judge will instruct a jury that the person mostly at fault has to pay for expenses of the other," he said. "But the judge will also order the jury to subtract the contributory fault of the injured person as a percentage of the damages."

So if the jury decides that the cyclist is 80 percent responsible for the incident, any monetary award will be reduced by 20 percent to reflect the injured party's contribution.

All of this assumes that no criminal violations are involved, Thomas said, although even that is getting tougher for reckless cyclists.

A 35-year-old cyclist in San Francisco, for instance, is facing felony manslaughter charges for striking and killing a 71-year-old pedestrian in March 2012.

The cyclist, ironically enough, worked as a bike-safety instructor in his spare time.

Thomas, momentarily taking off his barrister's hat, offers some common-sense tips to help cyclists avoid paying big money or doing hard time for needlessly injuring others.

Follow directions on any signs you see.

Generally speaking, pass on the left and stay as far to the right as possible.

Take into account that pedestrians are often surprised at how silently and quickly cyclists overtake them.

Realize that, for whatever reason, about 20 percent of pedestrians automatically move to the left when passing cyclists say, "On your left."

"Really, it just comes down to good, common sense," Thomas said. "You can't expect on a beautiful, warm Saturday afternoon to maintain 20 mph and a 145-per-minute heartbeat as you thread your way through families on the Springwater Trail. Be courteous. Be nice to each other. It's just not that difficult if people use their heads."